33 U.S.C. § 426g: Storm and hurricane restoration and impact minimization program

The Secretary may carry out a program for the construction of small shore and beach restoration and protection projects not specifically authorized by Congress that otherwise comply with section 426e of this title if the Secretary determines that such construction is advisable. The local cooperation requirement of section 426e of this title shall apply to a project under this section. shall be complete; and section 426e of this title ; and the procedure for projects authorized after submission of a survey report. The Secretary shall conduct under the program authorized by subsection (a) a national shoreline erosion control development and demonstration program (referred to in this section as the “demonstration program”). projects consisting of planning, design, construction, and monitoring of prototype engineered and native and naturalized vegetative shoreline erosion control devices and methods; monitoring of the applicable prototypes; detailed engineering and environmental reports on the results of each project carried out under the demonstraton 1 program; and 1 So in original. Probably should be “demonstration”. technology transfers, as appropriate, to private property owners, State and local entities, nonprofit educational institutions, and nongovernmental organizations. A project under the demonstration program shall not be carried out until the Secretary determines that the project is feasible. the development and demonstration of innovative technologies; efficient designs to prevent erosion at a shoreline site, taking into account the lifecycle cost of the design, including cleanup, maintenance, and amortization; new and enhanced shore protection project design and project formulation tools the purposes of which are to improve the physical performance, and lower the lifecycle costs, of the projects; natural designs, including the use of native and naturalized vegetation or temporary structures that minimize permanent structural alterations to the shoreline; the avoidance of negative impacts to adjacent shorefront communities; in areas with substantial residential or commercial interests located adjacent to the shoreline, designs that do not impair the aesthetic appeal of the interests; the potential for long-term protection afforded by the technology; and adequate consideration of the subgrade; proper filtration; durable components; adequate connection between units; and consideration of additional relevant information. a privately owned site with substantial public access; or a publicly owned site on open coast or in tidal waters. a variety of geographic and climatic conditions; the size of the population that is dependent on the beaches for recreation or the protection of private property or public infrastructure; the rate of erosion; significant natural resources or habitats and environmentally sensitive areas; and significant threatened historic structures or landmarks. the Secretary of Agriculture, particularly with respect to native and naturalized vegetative means of preventing and controlling shoreline erosion; Federal, State, and local agencies; private organizations; the Coastal Engineering Research Center established by section 426–1 of this title ; and applicable university research facilities. amend, at the request of a non-Federal interest of the project, the partnership agreement for a federally authorized shore protection project in existence on the date on which initial construction of the project under the demonstration program is complete to incorporate the project constructed under the demonstration program as a feature of the shore protection project, with the future cost sharing of the project constructed under the demonstration program to be determined by the project purposes of the shore protection project; or transfer all interest in and responsibility for the completed project constructed under the demonstration program to a non-Federal interest or another Federal agency. to share the costs of construction, operation, maintenance, and monitoring of a project under the demonstration program; to share the costs of removing the project, or element of the project if the Secretary determines that the project or element of the project is detrimental to public or private property, public infrastructure, or public safety; or to specify ownership of the completed project if the Secretary determines that the completed project will not be part of a Corps of Engineers project. the activities carried out and accomplishments made under the demonstration program since the previous report under this paragraph; and any recommendations of the Secretary relating to the program. Subject to paragraph (2), the Secretary may expend, from any appropriations made available to the Secretary for the purpose of carrying out civil works, not more than $62,500,000 during any fiscal year to pay the Federal share of the costs of construction of small shore and beach restoration and protection projects or small projects under this section. be sufficient to pay the cost of Federal participation in the project (including periodic nourishment as provided for under section 426e of this title ), as determined by the Secretary; and be not more than $15,000,000. The Secretary [of the Army] is authorized to carry out a pilot program to award single contracts for more than one authorized hurricane and storm damage reduction project in a geographical region, including projects across more than one Corps of Engineers district, if the Secretary determines that the contract provides cost savings compared to the awarding of such work on a project-by-project basis. In carrying out the pilot program under subsection (a), the Secretary shall consult with relevant State agencies in selecting projects. foster Federal, State, and local collaboration; evaluate the performance of projects being carried out under a single contract with respect to whether such projects yield any regional or multi-district benefits; and include other criteria and considerations that the Secretary determines to be appropriate. Not later than 1 year after the date of enactment of this Act [ Oct. 23, 2018 ], and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes findings and recommendations of the Secretary with respect to the projects completed under the pilot program carried out under subsection (a). There is authorized to be appropriated to carry out this section $75,000,000. The authority of the Secretary to enter into contracts pursuant to the pilot program carried out under subsection (a) shall expire on the date that is 10 years after the date of enactment of this Act.”